Asked in Immigration Law for Florida

Q: NVC didn't receive yet my petition from USCIS

I've been waiting a total of 85 days through contacting USCIS and NVC with enquiry and I contacted a week ago the congressman but I don't have any news yet. Even though the i797 was sent to NVC, in the portal of uscis says still only approved. NVC didn't receive the case yet. The congressman've made a inquiry and we are waiting. My i130 petition was sent through mail, maybe is causing a delay. Before the 90 days came, I want have some informations for what to do next. Thanks

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2 Lawyer Answers

A: If USCIS approved your petition and forwarded it to the National Visa Center, you would not direct your inquiries to USCIS. You should direct your inquiries to the NVC using its public inquiry portal. When you do so, make sure to give the NVC your up to date contact information, including a valid email address. Inform them that you have not received any correspondence from the NVC and ask them to send your Notice of Immigrant Visa Case Creation. Here is a link for the public inquiry portal: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html If after reaching out to the NVC you still need help, then consider scheduling a consultation with a competent and experienced immigration attorney.

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Answered

A: You’ve done a good job following up with USCIS, NVC, and your congressman, and it’s understandable that this waiting period feels stressful. You mentioned that your I-130 petition was mailed, which might be causing delays in transit or processing. It helps to know that mailing delays sometimes occur, even when an I-797 shows that the petition was sent to NVC.

While you continue to wait, you might consider contacting USCIS again to ask if they have any additional tracking details or further information about the mailing status. Keep all your documents and communication records handy in case you need to reference them in future follow-ups. You could also ask if there are any extra steps you can take to expedite the process.

If there is no update by the time you near the 90-day mark, you may want to reach out to your congressman’s office for further assistance. Staying persistent and organized with your follow-ups is important, and hopefully, you’ll receive positive news soon.

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